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Miscellaneous - 9 GARDEN STREET
Town of North Andover t N°RTN Office of the Zoning Board of Appeals Community Development and Services Division • 27 Charles Street °,•�----• ,a North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 18d'of November 2003 at 7:30 PM to all parties interested in the appeal of Brian S. &Tarja K. Cockell,9 Garden Street North Andover,MA requesting a Variance from Section 7,Paragraph 7.3 and Table 2 in order to construct a proposed deck; and a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw to extend a pre-existing,non-conforming structure on a non-conforming lot in order to build a proposed deck, ground floor family room and a 2nd floor bedroom. The said premise affected is property with frontage on the North side of Garden Street within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman c� C f W Y rn C71, Published in the Eagle Tribune on November 3 & 10,2003. 4 L' Legalnotice 2003-041 M42P8&35. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORTN Office of the Zoning Board of Appeals F Community Development and Services Division 1 [ae 4 27 Charles Street 'll ane►�, North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 9 Garden Street NAME: Brian S.&Tanja K.Cockell HEARING DATE:December 9,2003 ADDRESS: 9 Garden Street PETITION: 2003-041 North Andover,MA 01845 TYPING DATE: 12/11/03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 9, 2003 at 7:30 PM upon the application of Brian S.&Tarja IC Cocke%9 Garden Street North Andover, MA requesting a Variance from Section 7,Paragraph 7.3 and Table 2 in order to construct a proposed deck; and a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw to extend a pre-existing,non- conforming structure on a non-conforming lot in order to build a proposed deck,ground floor family room and a 2nd floor bedroom. The said premise affected is property with frontage on the North side of Garden Street within the R-4 zoning district. Published in the Eagle Tribune on November 3& 10,2003. Only the legal notice was heard at the November 18,2003 meeting. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. William J. Sullivan chaired but did not vote. Upon a motion by Joseph D.LaGrasse and 2nd by Joe E.Smith,the Board voted to GRANT a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 21' from the front setback,and 15' from the rear setback per Plan of Land location 9 Garden Street,North Andover,Ma prepared for Brian S.&Tarja K Cockell by Frank S. Giles U,P.L.S.#49793,Date:August 12,2003 Revisions: September 26,2003,Scott L.Giles Frank S. Giles Surveying,50 Deermeadow Road,North Andover,MA 10845;and Proposed Changes to Existing House preliminary master plan,Tarja&Brian Cockell,9 Garden St.,North Andover MA, Job no. 566 Date 6-24-03, 10-16-03 Harmon J.Kiley,Jr.,Registered Architect#3864,Hermit Woods Design, 800 Main Street,Lynnfield,MA 01940. Upon a motion by Ellen P.McIntyre and 2nd by Richard J.Byers,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 in order to construct a deck,ground floor family room,and Td floor bedroom on a pre-existing,non-conforming dwelling on a non-conforming lot per Plan of Land location 9 Garden Street,North Andover,Ma prepared for Brian S.&Tarja K.Cockell by Frank S.Giles II,P.L.S. 449793,Date:August 12,2003 Revisions: September 26,2003,Scott L. Giles Frank S.Giles Surveying,50 Deermeadow Road,North Andover,MA 10845;and Proposed Changes to Existing House preliminary master plan,Tarja&Brian Cockell,9 Garden St.,North Andover IV1A,Job no. 566 Date 6-2403, 10-16-03 Harmon J.Kiley, Jr.,Registered Architect#3864,Hermit Woods Design,800 Main Street,Lynnfield,MA 01940 on the following condition: 1. The proposed addition will be no greater than.30'in height. Voting in favor: John M.Mone, Ellen P.McIntyre, Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. c_ Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f qCR*N.� Office of the Zoning Board of Appeals � Community Development and Services Division 27 Charles Street " °� =�-• ` ' North Andover,Massachusetts 01845 '�s�+cMugEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw by reducing the non-conformity of the dwelling with the removal of the rear bulkhead and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and anew hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, ?n `t✓ William 3.S livan,Chairman Decision 2003-041 M42P8&35. :': L,1 y Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f N°RTM Office of the Zoning Board of Appeals Community Development and Services Division r ; 27 Charles StreetTop " °+ - —• " ' North Andover,Massachusetts 01845 'ss,CNUgEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 9 Garden Street NAME: Brian S.&Tarja IC Cockell HEARING DATE:December 9,2003 ADDRESS: 9 Garden Street PETITION: 2003-041 North Andover,MA 01845 TYPING DATE: 12/11/03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,December 9, 2003 at 7:30 PM upon the application of Brian S.&Tarja K.Cockell,9 Garden Street North Andover, MA requesting a Variance from Section 7,Paragraph 7.3 and Table 2 in order to construct a proposed deck; and a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw to extend a pre-existing,non- conforming structure on a non-conforming lot in order to build a proposed deck,ground floor family room and a 2nd floor bedroom. The said premise affected is property with frontage on the North side of Garden Street within the R-4 zoning district. Published in the Eagle Tribune on November 3& 10,2003. Only the legal notice was heard at the November 18,2003 meeting. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard J.Byers. William J.Sullivan chaired but did not vote. Upon a motion by Joseph D.LaGrasse and 2nd by Joe E. Smith,the Board voted to GRANT a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 21'from the front setback,and 15' from the rear setback per Plan of Land location 9 Garden Street,North Andover,Ma prepared for Brian S.&Tarja K. Cockell by Frank S.Giles II,P.L.S.#49793,Date:August 12,2003 Revisions: September 26,2003,Scott L. Giles Frank S.Giles Surveying,50 Deermeadow Road,North Andover,MA 10845;and Proposed Changes to Existing House preliminary master plan,Tarja&Brian Cockell,9 Garden St.,North Andover MA,Job no. 566 Date 6-24-03, 10-16-03 Harmon J.Kiley,Jr.,Registered Architect#3864,Hermit Woods Design, 800 Main Street,Lynnfield,MA 01940. Upon a motion by Ellen P.McIntyre and 2W by Richard J.Byers,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 in order to construct a deck,ground floor family room,and 2ad floor bedroom on a pre-existing,non-conforming dwelling on a non-conforming lot per Plan of Land location 9 Garden Street,North Andover,Ma prepared for Brian S.&Tarja K.Cockell by Frank S.Giles II,P.L.S. #49793,Date:August 12,2003 Revisions: September 26,2003,Scott L. Giles Frank S. Giles Surveying,50 Deermeadow Road,North Andover,MA 10845;and Proposed Changes to Existing House preliminary master plan,Tarja&Brian Cockell,9 Garden St.,North Andover MA,Job no. 566 Date 6-24-03, 10-16-03 Harmon J.Kiley,Jr.,Registered Architect#3864,Hermit Woods Design,800 Main Street,Lynnfield,MA 01940 on the following condition: 1. The proposed addition will be no greater than 30'in height. Voting in favor: John M.Ulone, Ellen P.McIntyre,Joseph D.LaGrasse,Joe E.Smith,and Richard J.Byers. Pagel of 2 qc' r , w Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverNORTp Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 C14 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw by reducing the non-conformity of the dwelling with the removal of the rear bulkhead and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-establishers only after notice,and a new hearing. Town of North Andover Board ofAppeals, William I S ivan,Chairman Decision 2003-041 M42P8&35. r-. C--;, -> Page 2 of 2 t�Y.r Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover of NORTw q Office of the Zoning Board of Appeals76 Community Development and Services Division * i 27 Charles Street '' ° -�--�• `' North Andover,Massachusetts 01845 ' s�cwusEt D. Robert Nicetta Telephone (978)688-95 Building Commissioner Fax (978)688-9� Date J j- I qi- 03 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a { Variance <. . S c' .: Comprehensive Permit (40B) ® `� Finding 41 r� C,? Cry for property located at: STREET: TOWN: 1 t 0 Y'jil h�� PSC TO MEETING DATE(S): c., X00 NAME OF PETITIONER: � 3�/1 Signed: Petitioner(or petitioner's representative) WAIVER Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER VARIANCE `E � ' K" ZONING BOARD OF APPEALS SiCw�cas Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters)and incomplete. for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that,- STEP 7' DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPERIPARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Cleric Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters): FS I4 IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office J 978-688-9501 Town Clerk's Office _ j 978-68 �5C�iloi�o Ere ment k �i 0iv 1 2 9 2003 w Ik6 f BOARD OF APPEAL. { Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: 9 7_8 - �J S 3 3 8 2- IC-1 IC. *The petitioner shall be entered on the legal notice and the deci ion as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: �- /� 5`}S- 33 8 2 R ir'I a iA 9, I oL U'I ' c.Ke VreeJ Lo 4 k AYN—a oy Years Owned Land: 3. Location of Property: a. Street: °J & G rd2iA Wccr Zoning District -�- b. Assessors: Map number q_Lot Number: +9 c. Registry of Deeds: Book Number L/8 g Page Number: 2 4. Zoning Sections under which the petition for the Variance is made. S"e c� o►1 � b . TQ j e 2 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request re ue T �o build— ca side Gbetide12 Xdere 13 6 ccl o 411 o *The above description shall be used for the purpose of the legal notice and decision. %more detailed ddscription is requiredpursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear / w r A. �o B. 9 i Page 3 of 4 Application for a VARIANCE 0 W, Feu - Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1 � X641 Ll 11 2 2 ; `� f (0 2 q 22 vt It 152 �Z-LL52 —Q % f3 2 l00 ro 70 35' c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 11 �l `3 5 6 I 2 - 3� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* *Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of1 Square feet Floors Sq. feet Building* 286 2 bio de t, raadds' nom *Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shaft be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be i responsible for all expenses for filing and legal notification. Failure to comply with application ments,as cited herein and in the Zoning Board Rules and Regulations may result in missal by the Zoning B d of this pplication as incompllete o, Si nature Type above name (s) here a R co�- - PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant,owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all k whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks("). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. i 1 d�pant+r%� p Zoning Bylaw Review Form CO Town Of North Andover Building Department 27 Gharlea St, North An�ovler, MA. Q1845 �S'�gCNIfS jiZ Phone 978448450-Fax 078.��$=0542 Street: c3 M. e» Ma /Lot: 9 a g A licant: HIAA? i , Li Re nest: Date t In 0 wt m bdrM+bvAs Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-1 Item Notes hi Lot Area Item Notes ' 1 Lot area Insufficient F Fronfa;ge1 Frontage Insufficient 2 Lot Area Preexisting 5 2. Frontage Comlies e S 3 Lot Area Complies 3 Preexisting frontage 4 insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required e 3 Preexisting CBA e- 5 Insufficient Information 4 Insufficient Information C Setback _ it Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient - 2 Complies 3 Left Side Insufficient 3 Preexisting Helght (e g 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient OA 3 -C K`(rS I Bullding Coverage 6 Preexisting setbacks) `1 S 1 Covera a exceedsmaximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting e 1 Not in Watershed ( c S 4 Insufficient Information S 2 in Watershed J Sign 3 Lot prior to 10/24/94 1 n not allowed 4 Zone to be Determined 2 Sign Complies S Insufficient Information 3Linsufficient Information Historic District K Parking 1 In District review required 1 .More Parking Required 2 Not in district ti E' 2 Parking Complies 3 Insufficient Information 3 insufficient information 4 Pre-existin Parkin Remedy for the above is checked below. Item# Special Permits Plannn Board Item# llaciance Site Plan Review S ecial Permit C— Setback Variance Access other than Fronta e S ecial Permit Parkin Variance. Fronta a Exception Lot S ecial Permit Lot Area Variance Common Drivewa S ecial Permit Con re ate Housin S ecial Permit- Hei ht Variance Continuing Care Re#iremeht Special Permit Variance for Sl n . 11S ecial Permits Zoning Board Inde endent Elderl Housin S eciai PertYtlt: S ecial permit Non Conformin Use ZBA Lar a Estate Con S eciai permit Earth Removal special Permit ZBA Planned Deve(o Inent Districts eciaj P,grmit S ecial Permit Use not Listed but,Similar Planned Residential S ecjal Permit S ecjal Permit for-Sign R-6 Density Special Permit Special permit for preexisting Watershed$ ecial Permit nonconformin The above review . and attached explanation xplanabon of such is pgse.0 the plans and information submitted. No definitive review and or advice shall be based on verbal exislanations by the applicant nor shall such verbal explanations by the applicant serve to Provide definitive answers to the above reasons for Any inacorecies,misleading information,or other subsequent changes to the information submitted by tho applicant shah berounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan RO"arrafrvg"shall be attached hereto and incorporated herein by reference, The building department will retain ail plans argAocumenWion for the above rile.You must file a new permit application form and begin the permitting process. G� Building Department Offi-offal Slgna���e Applic _ation Received Appiicatian �ed Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: A 5 p-eclat P,nmi T / �p ui n Gl �'oi � FDro P10 A. a 71 e y4�m N �3 L/law ,se ceo A--� q C 9'.a 'St � Peso c$ ectC -Z j6 Lf lA w S rc 1) R `t`N C� a Referred To: Fire Heef h Police t � Conservation rd t0ent of Public Works Plannin Historkmd Commission Other bundum De artment Variance,9 Garden Street,North Andover page 1 of 2, 10/28/03 Brian and Tarja Cockell 9 Garden Street North Andover, MA 08145 October 28, 2003 To: The Town of North Andover, Zoning Board of Appeals Re: Request for i/ariance Vilritten ®ocumentation; A. The particular use proposed for the land or structure. We are requesting a variance on the rear set-back dimensional requirement to a proposed open deck, On one side construction on the existing structure is for the purpose of rebuilding and extending a upper and a lower roost to the side of the house.To the other side of the house, the left side, there will be a small, 10 x 12 foot open deck added for side access in to the house from the yard.The uses are and shall be single family residential and remain as such. S. The circumstances relating to ...conditions ... affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. We are desirous of rebuilding and extending existing rooms, located on the Southwest side of our house. Our land consists of two parcels and meets at an angle. The proposed new construction would be built within the 15-foot side set-back dimensional requirements. The variance is requested for the rear dimension of the proposed 10'x 12'open deck.The deck opens on to the undeveloped parcel of land.The deck will be surrounded by the existing flower garden. it is also abutting our rear neighbors driveway and garage. The neighbor's house is not viewable from this point due to position of his large garage. Large maple trees grow between the two properties and a five-foot continuous fence divides the two properties. The new doorway will provide easier first floor access. i C. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the applicable zoning restrictions ... The hardship exists in the angle at which the pre-existing house intersects the undeveloped The odd angle prevents creating a simple deck that joins the existing structure f land.T e parcel o g while remaining within the prescribed set-back dimensions.There is sufficient space on the undeveloped parcel for a small open deck. It is not possible for us to change the location of the entrance as this would modify the main structural components of the house.The entrance is in the most central location possible. Variance,9 Garden Street,North Andover page 2 of 2, 10/28/03 D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The construction would retain most similar architectural features as the original building. The deck would be on the open space side, slightly closer to the rear boundary. However,we do expect to improve the overall rear set-back distance by removing the bulkhead weather proof structure and basement bulkhead entrance. By relocating the basement entrance to ground level the bulkhead can be removed freeing up nearly 8 feet of ground space. The right side addition is within today's side set-back requirements. E. The use is in harmony with the purpose and intent of the zoning by-law. It is our understanding that the intent of the front and rear setback requirements is to provide sufficient distance between dwellings in the zoning district. The relief we are seeking does not impose upon our neighbors,who border us. The front street is unchanged since its inception and building construction of the 1920's, remaining quiet and friendly. The side construction is within the set-back requirement and borders a driveway/parking spaces. The rear side of the house faces open yard green space of the one neighbor behind us and most of the rear boundary is lined with old maple trees and a fence. The open deck would not change visual open space and is not visible from the neighbor's side due to trees, a 5-foot high fence and the neighbor's garage. The use is in harmony with the purpose and intent of the zoning bylaw. F. Submit RDA from Conservation Commission when ... Not Applicable. Sincerely, Brian Cockell Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part"Parties in Ifnterest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS rA .� 0 V—,- - ABUTTERS PROPERTIES a NIAP PARCEL NAME ADDRESS _ 4 � �''6�%i f...- �1 f-o 1 z („ri C%i Y {,� '�',fh ✓ .__ '.-"_Q:.g V,1P 7 'L:.v.! Y"`'.- 4nk y"�' i H ... _Lid ttj�CrR-'e 11fz:.,k �... 4 { t F+v' 9 (f,C'Ck F Yn A PA t I-M - 41 t `fiee c, ` 3 a wr Ltk iC V,� ',—LE}>-a=p� !j1&U j,0 C-.-V1V V-e-(,t �; to (nen rbc / t Unayipn�C .�rE�CECa} f fG�t �i �ef �/ltovt s� Vi�i� 7cttltR� J � °. �J tr ". ¢ 4 E" Ct' £ Veit 1'd'C tits " �- c Into --- TRIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNA'T'URE VAGE / OF A cWf�by of Asse&s4 4dth Andover TOWN OF NORTH ANDOVER, UST OF PARTIES OF INTEREST: PAGE z OF SUBJECT PROPERTY MAP PAR #1 NAME ADDRESS ABUTTERS: -4,35- '2t 4,3S2/ ase t'1 A o 4e ` r G i" ( a A )J& eli& Atripe Sicol4e 22 G 1pi Z z r wd� -l"J► 6c rkc,r., 2 2 17 gat'6 u r a 0 L kr5 Tr v l-c e o�cr ars KlfSh" erci C fC�� r^�b?t �►'fi+ -- 2 �l`4 k#c i/b Vt L® 6°i 6 1A� L —Z� V �C S 7 f CSt-- (-A f ellf i F cn r't3� «�, ,,.._���.Q.-L b�e � rt IR"�' f 1 E,• 6 � ,�'`E ��"! i'�1.�4 C �'F' '!� y� t T-C t,f wK i CERT. BY : ' DATE: �. .,.-..�'� �1'P N'•M�. .j7 fAX- +�i Y,3G tf:_. ® � w y:. _ _ ; j I _ It doff, • 1tE:f4ae �,..�. .: van�u tu'�tLo �' 4SK.oaw� - - -- 1___ wenn.s�nwr Lei Sae - I Sl�YS Ffrtiwo 1 t yst - ��+�l4 kms•. i 14w 04 �. - No. -- \ Job ' WL1QsVP1J .•. ::.Gnt?C4Li�.1�L... Pau W_ fir. 3�a .AI2.1 Kivu Harmon J,KAq,Jr. 800 Main 9uu D Na WOODS Arct itect Lyn"MA 5.lfttoy�.NH DESIGNS01940 03269 �.T.. +"re��s3�3cne {ro3jza6�3964. l c 496E•99L(gpg} g00£•6£fit18G3 <:: :. ,• ;: h. — - — -. ,. __ - .,_ __._ _._. .... .._._. .-.--_-. 6m (?b61pH� S.tQ iONti HN`rtowbque6 INi W40 vn." Sabo =� � V9i9(1St�C/ 1 'xctN `:� T�t3ti' tta _ _. .-_ 'Naor jon.1s1 UR� _. rsu t -Vily^ s. mid a a t(M vh\ ANS N 9 rt l'J. �t ter• n�n«>1d yrtan� r�rl�rx -AV a � tt tM�w � tfrp � I It y �. 3t '�1A 0`� LtR5asr142t�l.n�1'►A"/+\ro3ft ;,4 r#3�.. 5 - 7 A t _ It (YG�"t,rtaa 91 Gt2..r�w'Z!h . ��� x,. s-,l-c9�,�S�S► � `rl'�$FS �•'31'�-. .. _ - � fr i1 �Q• W- _ _ O¢Y .; �yno}f xtiu YhaK3 +r 3. s . .._. _ ,fib: _...,.•..'^^�^�ri": .,.,y _ �•{1�.�9�3, _ _ �-�w w, t - } 44's r+ ,..t'Iht DO' •�.2 A I.�S'f �� Y r t :ti tU }a a Q I �c+a•� aco2t 'xtrl�+�" � -o _ Jlw 7-7 _....._...__,_____ ......_.__�'�,- _ �•� nas e S. do- DATE: AUGUST 12,2003 SCOTT L.GILES Evlslarrs: FRANKS. GILES SULTECT PRt3PERTY -- SURVEYINGp° LEGAL REFEUNCES SEPTEMBER 26,2003 50 DEERMEADOW ROAD ` *� MAP 42, PARCEL 8 SCALE: t INCH=20 FEET NORTH ANDOVER,MA 01845 9 GARDEN STREET o. ,Q, V TEL.{978)683-2645 p® SURV BRIAN S&TARDA K. E-MAIL=I+rankGilesSurvey@comcast.co COCKELL AUG N3 Area=0.13 SITE: BK.4899„PG.2 %D.O.S. 1920 33� PLAN OF LAND � LOCATION 9 GARDEN STREET ZONINg DISTRICT R4 M�$ MIN.LOT AREA=12,500 S.F. NTS NORTH ANDOVER,MA MAX.BUILD HEIGHT=35 FT. PREPARED FOR MIN.FRONTAGE=100FT. BRIAN S.&TARJA K. COCKELL MIN.FRONT SETBACK=30 FT. MIN.SIDE SETBACK=15 FT. MIN REAR SETBACK=30 FT. N } MAP 42,PARCEL 5 MAP 42,PARCEL 6 59.91' 79.36' MAP 42, "_42. c tl PARCEL 35 iaovl AR L 8 O1 � MAP 42,PARCEL 35 5,664 s.f.\ 0 GARDEN STREET ' BRIAN 3 TARdA K COCKELL cv �' XtBTjNG 18'__ FAMILY ROOM AREA=0.1 - MAP 42 BK.4899,PG.2 (z$ PARCEL 9 _..____.___ _ _ 12• MAP 42,PARCEL 7 so, 171 P RCS qry PROPOSED ELEVATION fD ,�96' EXISTING ELEVATION NORTH ANDOVER BOARD OF APPEALSIAo vlFg REGISTRY OF DEEDS USE ONLY THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN FRANK .GILES,P.L,S. DATE OF FILING: THE PROPERTY LINES SHOWN ARE THE DATE.OF HEARING: � LINES DIVIDING EXISTING OWNERSHIPS,AND DATE OF APPROVAL: THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. C:aCL1ENTS\COCKBLL BRIANTLAN.DRG t TOWN OF NORTH ANDOVER SPECIAL PERMIT T ZONING BOARD OF APPEALS PROCEDURE i and REQUIREMENTS STEP 6:SCHEDULING OF HEARING AND for FILING an APPLICATION' AQP PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) anc be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is F notified that the legal notice has beenprepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an aeplication as incomplete. NEWSPAPERIPARTY IN INTEREST FEE: The information herein is an abstract of more specific The Petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legs{ Regulations and is not meant to supersede them. items that notice to the local newspaper for publication. are underlined will be completed by fhe Town STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner a ng BOARD OF APPEALS: Pe applies for a Buri Permit and receivers a Permit Denia{form completed by the The petitioner shouldappear in his/her behalf, or be ! Building Commissioner. represented by an agent or attorney. lit the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM- petitioner,the Board shall decide on the matter by using Petitioner completes a the information it has otherwise received. pl an application farm to petition the Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After hearing, a copy of the Board's decision(wiff be completed. sent to all parties;in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision:may bre made luusuari to'Miassachusetts Petitioner submits all of the required plan information as General Laws ch_40A sec. 17,within twenty(20)clays cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 110: RECORDING CERTIFICATE OF DECISION E Petitioner submits one (1)original of all the required PLANS. information and 10 xerox copies to the ZBA Secretaiy. The petitioner is responsible for recording certification of the decision- The originsl will be stamped by the '1•owc►Clerk, and any,accompanying plans at the Essex r, certifying the time and date of filing. The remaining ten County North Registry of Deeds,Lawrence I copies will remain at the office of the Zoning Board of Massachusetts,and shag complete the Certification of Appeals secretary. Recording"forint and forwaid`t tee the Zoning g Board of` Appeals and the Building Department Office. h.. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits aff of the required information,the petitioner requests from the Assessors - -.- .- Office a certified list of Parties in interest(abutter)_ r '_ C) ME. x IMPORTANT PHONE NUMBERS: Q [ n 978-688-9501 Town Clerk's Office U 978-688-9545 Building Department QL T 2 3 20M 978-688-9541 Zoning Board of Appeals Office BOARP OF APPEALS i i PAGE 2 OF 4 date&Time Stamp Application for a S P EC IAL PERMIT North ANDOVER ZONING BOARD OF APPEALS - - - -- - -- - - - - - - - - - - - _r - - - -- ?. Petitioner: Name, address and telephone number: a) Cain �U ® r�-li► in d oy--ic r `l`1 A Qi S °) 5 3 2 'The petitioner shall be entered on the legal notice and the decision as entered above. �. Owners of Land: Name, Address and Telephone number and number of years under this ownership: IJ Ir I G ►n & O� t Q co 5G;' a c c -eel,. o v+ k A k clover HA Ul S �-P 5 .� 3 S 2 ifears Owned Land: Location of Property: a. Street !2S G a t-d-e Y--cam fZoning District — y b. Assessors` Map numberIq Z Lot Number: 9 + 3-5- c. 3Sc. registry of Deeds: Book:Number `f 8.9 °1 Page Number: 2- By-Law By-Law Sections under which the petition for the Special Permit is made. In 2 fer tothe Permit Derv. and Zoning BY-Law Review as supped by the Building Commissioner: Desi SpecW ftnldt mquest: r .5-e-- e h v- k-,C-- oSh - above description shall be used for the purpose of the W9al notice and decision. A more detailed description is ired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT .. F . --------------------- NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking ' Minimum Lot set Back' i q. Ft. Sq. Ft. Covera a Feet Spaces Fro l Side A Side B Rear 1 I! Z �. % O 2- �J _ 2 2 ® % 59" 6®O coo -?_0 3 b. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft. Sq. Ft Coverage Feet spaces Front Side A Side B Rear l %. I�r S . Required Lot: (As required by zoning By-Law)' Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq_ Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12r boa N / /A % loaA 2 30 /S lS 3 G 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of units L -31S7 "Reference use Code numbers and Uses from the Zoning By She number of units in building. I B. Proposed Buildings Ground-Floor Number of Total use of Number S}u feet. Floors Sq.. l�U"W.— ,(I�VA 1 1 + '1 b d rco� Y i-:bates�at units 'Reference Use Code numbers and Uses,from the Zoning Ordinance: State number of units in building $� Petoner add Every applicatiort farm ai sl ,be ori Uft ferrrr walk It is the Ali form of the-,Zoriing Board of Appeals_ Every application TWAO�6 ` MOM tt she#tie tW r€spatisitii of the p 1 to famish aft supporting documentation,with this appiication The hated of this application received by the Tow nl Cleric or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failures to comply vvith application requirements, as cited herein and in the Zoni rd Rules andRegulations may result in a dismissal by the Zoning Board of this application as incomplete. /� t Signature C' /o/2- /- Type above names here PAGE a OF 4 Application for a SPECIAL PEIRMIT 9. WRITTEN DOCUMENTATION , Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on A. Site Orientation shall include: MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1• North point and P 9.2 Special Permit Granting Authority shall be clearly 2. zoning district (s) identified and factually supported: Addressing each of the 3. names of streets below points individually is required with this 4'. wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6. location of buildings on adjacent properties within 1. The particular use proposed for the land or structure. 50'from applicants proposed structure 2. The specific site is an appropriate location for such 7. deed restrictions, easernents use, structure or condition. B. Legend S Graphic Aids: 3. There will be no nuisance or serious hazard to 1• Posed features in solid lines&outlined in red vehicles or pedestrians. 2. Existing features to be removed in dashed lines 4. Adequate and appropriate facilities will beprovided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Ptan5. Title of Plan 5. The use is in harmony with the purpose and intent of 6. Names addresses and the zoning by-law. phone numbers of the S. Spec reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made(i.e. Earth Removal Special Permit respond to criteria and submittal 10 D. FURTHER REQUIREMENTS: requirements). Major Projects shall require that in addition to the above features,plans must show detailed utilities, soils, and 10. Plan of Land toP09rophic information. A set of building elevation and interior of building the =ach application to the Zoning hoard of Appeals shall be application involves new��wn/cawersnion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation e submitted with this application to the Town Clerk's minor fffice and ZBA secretary at least thirty(30)days prior to Projects including decks,sheds,&garages shall be ie public hearing before the Zoning Board of Appeals. included with a side view depicted on the plat plant, which include a ground level elevation 0 A. Major Projects 11.APPLICATION FILING FEES ajor projects are those which involve one of the following A - tether existing or proposed:a)five A. Fees or more parking .Applicant is to send by certified ►aces, b)three or more dwelling units,and mail aN WI notices to an abutters, and then ;. 200xsquare fleet`of building area. supply proof of mailing to ZDA secretary. Applicant is inor projects that are less than the above limits shall to supply snoops(appropriate current postage)for quire only the plan information as indicated with mailing of decisions to all parties of interest as lensks )' In some cases further information ma be identified in MGlA ch.40A in sec. 11 as listed on the luired. y aPalir*tion-ZBA Secretary will compute number of stamps: B. Plan S B Applicant is to supply one(1)set of ad es ed 1 peel lrations: kdwb of abutters;to ZBA Secretary who win mai Size of plan: Ten(t0)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 r a ication. i Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2) years if not exercised and a new petition must be submitted. onr C�'ul� i� tryt�- t Zonis Bylaw Review Form Zoning Y Town Of North Andover Building Department R 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: a fV ,c>A:' 5 Map/Lot: a S Applicant: Q to P + Request: IPa�(` S� �.Q i c C"Frn Y%wt rrt Or& 4,84 A►S Date: CIa ®3 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning tR-1 �te Notes Item Notes AArea F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting LA 'e S 2 Frontage Complies e g 3 Lot Area Complies 3 1 Preexisting frontage 4 Insufficient Information 4 Insufficient Information gUse 5 No access over Frontage 1 Allowed G Contiguous Building.Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required e S 3 Preexisting CBA e S 5 Insufficient Information 4 Insufficient Information C I Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height t j e.g 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient l Building Coverage 6 Preexisting setback(s) �j e- S 1 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting H f- S 1 Not in Watershed e S 4 Insufficient Information 2 In WatershedI j Sign IVA 3 Lot prior to 10/24194 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking R 1 In District review required 1 More Parking Required 2 Not in district t{e S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Si n Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Per Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Si n R-6 Density Special Permit `, Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrateshall be attached hereto and incorporated d hereinb reference. The building department will retain all plans anddocumentation for the above file.You must file a new permit application form and begin the permitting process. _- � Building Department Official Signairuf� Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: (S 'ecla Aeorhr 7 /ono Pa 5k/ a S `/-A p eN(S fA. Y- Jr4-ruC ' ur� S nt E1crFZ AI _ All 0.VC0AAA rK4/A, gym,..�n. � �ld-//l� ,�j`�'c�.v ..� �" �'�j• a, Referred To: Fire Health Police Zonin Board Conservation Department of Public Works Planning Historical Commission Other Buildin Department Special permit,9 Garden Street,North Andover page 1 of 2, 10/21/03 Brian and Tarja Cockeli 9 Garden Street Nashua, MA 08145 October 20,2003 To: The Town of North Andover, Zoning Board of Appeals Re: Special Permit Written Documentation;. 1. The particular use proposed for the land or structure. We are requesting a variance on the front and rear set-back dimensional requirements on the existing structure for the purpose of rebuilding and extending a upper and a lower room to the side of the house. The extended portion will remain within the set-back dimensional requirements. The rooms will be used as a family room on the ground floor and a master bedroom above.The rooms will be built on a full basement foundation. 2. The specific site is an appropriate location for such use,structure or condition. We are desirous of rebuilding and extending existing rooms, located on the Southwest side of our house. Our land consists of two parcels and meets at an angle.The proposed new construction would be built within the 15-foot side set-back dimensional requirements. New doorways will provide easier access. Only the original structure falls within the definition of "Pre-existing non-conforming". Neither the use nor conditions shall change. ;. There will be no nuisance or serious hazard to vehicles or pedestrians. This land is set back from the road, away from vehicles and pedestrians. Proper care and clean up of the site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. The facility shall not be extended by way of any sewer,water, paving or any other public facilities and are not proposed with this proposed lot and dwelling. The master bedroom shall have an additional bathroom as part of this mom extension. There will be no additional people using or living in this house as a result.There will be no additional use of utilities by consequence. Therefore there will be no additional use of or stress on our septic or water systems. Special permit,9 Garden Street,North Andover page 2 of 2, 10/21/03 5. The use is in harmony with the purpose and intent of the zoning by-law. It is our understanding that the intent of the front and rear setback requirements is to provide sufficient distance between dwellings in the zoning district.The relief we are seeking does not impose upon our neighbors, who border us. The front street is unchanged since its inception and building construction of the 1920's, remaining quiet and friendly. The side construction is within the set-back requirement and borders a driveway/parking spaces. The rear side of the house faces open yard green space of the one neighbor behind us and most of the rear boundary is lined with old maple trees. The use is the same and is in harmony with the purpose and intent of the zoning bylaw. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made. The criteria for this special permit being requested for the extension of a preexisting non- conforming structure is based upon our appeal on a hardship caused living space/ conditions. The house was originally built to comply with zoning requirements of 1923. Since the time of construction those set-back requirements have been increased such that our existing front and rear ends of the house falls within the 30 foot front and rear set-back requirements. 1)The existing kitchen area is built in what was a pantry area,there is no real kitchen area. 2) There is one small bathroom adjacent to the pantry kitchen opening to the eating area. 3)The side entry porch is sloping and requires a new roof. It is uninsulated and has no practical use. 4)The center area of the house is dark and has exasperated our need for more useful living space. Oursed ro p po construction uct on would not change the main structure and would keep its character. The construction would retain the same friendly front porch look. However,we do expect to improve the rear set-back distance by removing the bulkhead weather proof structure and basement bulkhead entrance. By relocating the basement entrance to ground level the bulkhead can be removed freeing up nearly 8 feet of ground space.The right side addition is within today's side set-back requirements and would provide a fully insulated naturally lighted room where there is now only an uninsulated side porch entrance. It would allow for a larger conventional kitchen area, relocation of the basement entrance and provide two bathrooms consistent with today's sanitary standards. Sincerely, Brian Cockell Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way,and abutters to abutters within three hundred (300)feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Applicant's property,list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS r oG n C4r-lc / 3� 1V-/�--�C2 over M - ABUTTERS PROPERTIES 0184/5 MAP PARCEL NAME ADDRESS 17� 7 Hope Re-,, 4y [rusk 2T� MG Ih ST p, AA40or Z f0 .��V t a h�C Tg tz a tM► c; L -,s' 6 281 A 6 GQ o v t 7 TvN _ 1/) y1 lV 1 M C6Y�qYc qq h6vl'l CL7ufzl� _ t t _ _y Z S— I g5 c- k %avl L>n Fit 7 L �- 'r�yt h°�yia h Cov.°lie �#�nh �l churck 7 2 I I-A -S; ,k Lt L Ll 7- 3Z' Lkrts�a�er I,.a� tiros �rl I�Thowpsoa Z� Cht�rrci� SI , I > tc� C2 iI S+ — — 2' bah �t ca �y ti N G �rLys�cCS keo kah rr 9vIOLK gad 6e- 54 EI v. S4- r. 2 / r-\ ct- S-� e, -ev , r" G E f v" S - - — X Z- 29 -Zr,(; ka i THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE AGE / OF R Grtifed by Dt�[e-fit 8 of Assessor INVrih Andover TOWN OF NORTH ANDOVER, UST OF PARTIES OF INTEREST: PAGE Z OF SUBJECT PROPERTY MAP PAR # NAME CADDRESS 2 ?1 r` , � rI4 n p - 6(S ABUTTERS: 4.3.T- 21 a 'e h / o/►�/�e r �' + S'c�t�._ S h1 csr�j C�6 l (` A �u e`f& -Nnpe C o ? 222 M G l " Z-Em Iti{ 15-1o I I Mrrj�( m 6i — tr Z2 ver vdc AIbcvs 22 Gurdei,, �- 17 ,�.rbtarA 0,ikcs Trwc%c &h er f e h 3F Ch 1 Groh hcc Cravkih 2( McrMi — Z3 S-ki ,; 2 CLQ c c -3Y `Trk I-1 arold c fc r $ i — ? ; X-12 1 N u r a c k,,rc( 9 a v\ .ire 00v)a lid 6- CAM i H CW kC Z Ri ti rl/ Ole r 1 {via c- 54 5 coredY.. CERT. BY : Y DATE: DATE: OF4 AUGUST 12,2003 SCOTT L.GILE � RyTsloNs: FRANK S. GILES SUBJECTR4IPERTY — SUR�EYIl�tO LEGAL REFERENCES SEPTEMBER 26,2003 50 DEERMEADOW ROAD �*,� MAP 42, PARCEL 8 SCALE: a INCH_zo FEET NORTH ANDOVER MA 01845 4 GARDEN STREET � ��� � a �0' 40' TEL.(978)683-2645pip sv>Sy ° BRIAN S&TARDA K. — -�—� E-MAIL=FrankGiiesSurvey@comcaSte COCKELL AUG 1 24113 Area=0.13 SITE: Br-4899,PG.2 5C D.O.S. 1920 PLAN OF LAND LOCATION 2�NING DISTRI91 R4 � 9 GARDEN STREET NTS MIN.LOT AREA=12,500 S.F. NORTH ANDOVER,MA _ MAX.BUILD HEIGHT-35 FT. PREPARED FOR MIN.FRONTAGE=10017T. BRIAN S. &TARJA K. COCKELL MIN.FRONT SETBACK=30 FT. MIN.SIDE SETBACK=15 FT. MIN REAR SETBACK=30 FT. N MAP 42>PARCEL MAP 42,PARCEL. 6 CE 5 59.91° 79.36 - MAP4z a M PARCEL 35 � °�" AR L8 MAP 42,PARCEL 35 5,664 S.f 0 GARDEN STREET BRIAN S TARJA K COCKELL FAMILY ROOM _ OM_ AREA=0.1 $ FLAP 4`2, BK 4899,PG.2 lzG PARCELS Y2' MAP 42,PARCEL 7 :3(p 17 PRC 58.75' ^� w� PROPOSED ELEVATION 60,(Ij 6996, EXISTING ELEVATION �j ----- �r,,cl s �T NORTH ANDOVER BOARD OF APPEALS gUVA110N v11;gv -` THIS IS TO CERTIFY THAT 1 HAVE CONFORMED REGISTRY OF DEEDS USE ONLY WTTH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN FRANK .Gl1.ES,P.L.S. D ATE OF FILING: THE PROPERTY LINES SHOWN ARE THE DATE OF HEARING: LINES DIVIDING EXISTING OWNERSHIPS,AND DATE OF APPROVAL: THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. 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